42 U.S.C. § 2000ff–5 | Confidentiality of genetic information

(a)

Treatment of information as part of confidential medical record

section 12112(d)(3)(B) of this titleIf an employer, employment agency, labor organization, or joint labor-management committee possesses genetic information about an employee or member, such information shall be maintained on separate forms and in separate medical files and be treated as a confidential medical record of the employee or member. An employer, employment agency, labor organization, or joint labor-management committee shall be considered to be in compliance with the maintenance of information requirements of this subsection with respect to genetic information subject to this subsection that is maintained with and treated as a confidential medical record under .

(b)

Limitation on disclosure

An employer, employment agency, labor organization, or joint labor-management committee shall not disclose genetic information concerning an employee or member except—

(1)

to the employee or member of a labor organization (or family member if the family member is receiving the genetic services) at the written request of the employee or member of such organization;

(2)

to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations;

(3)

in response to an order of a court, except that—

(A)

the employer, employment agency, labor organization, or joint labor-management committee may disclose only the genetic information expressly authorized by such order; and

(B)

if the court order was secured without the knowledge of the employee or member to whom the information refers, the employer, employment agency, labor organization, or joint labor-management committee shall inform the employee or member of the court order and any genetic information that was disclosed pursuant to such order;

(4)

to government officials who are investigating compliance with this chapter if the information is relevant to the investigation;

(5)

section 2613 of title 29 to the extent that such disclosure is made in connection with the employee’s compliance with the certification provisions of or such requirements under State family and medical leave laws; or

(6)

section 2000ff(4)(A)(iii) of this title to a Federal, State, or local public health agency only with regard to information that is described in and that concerns a contagious disease that presents an imminent hazard of death or life-threatening illness, and that the employee whose family member or family members is or are the subject of a disclosure under this paragraph is notified of such disclosure.

(c)

Relationship to HIPAA regulations

42 U.S.C. 1320d 42 U.S.C. 1320d–2With respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act ( et seq.) and section 264 of the Health Insurance Portability and Accountability Act of 1996 ( note), this chapter does not prohibit a covered entity under such regulations from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations.

Pub. L. 110–233, title II, § 206May 21, 2008122 Stat. 913(, , .)

Editorial Notes

References in Text

Section 12112(d)(3)(B) of this title, referred to in subsec. (a), was in the original “section 102(d)(3)(B) of the Americans With Disabilities Act”, and was translated as meaning “section 102(d)(3)(B) of the Americans With Disabilities Act of 1990” to reflect the probable intent of Congress.

act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of this titleThe Social Security Act, referred to in subsec. (c), is , . Part C of title XI of the Act is classified generally to part C (§ 1320d et seq.) of subchapter XI of chapter 7 of this title. For complete classification of this Act to the Code, see and Tables.

section 264 of Pub. L. 104–191 section 1320d–2 of this titleSection 264 of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (c), is , which is set out as a note under .

Statutory Notes and Related Subsidiaries

Effective Date

May 21, 2008section 213 of Pub. L. 110–233 section 2000ff of this titleSection effective 18 months after , see , set out as a note under .